Arthur L. Oliver v. Raymond Edward Amiotte
Opinion
Opinion
This is a habeas corpus proceeding instituted in the federal district court by Raymond Edward Amiotte, a California state prisoner. The court, after hearing, granted the application and ordered Amiotte’s discharge from custody unless the state granted him a new trial within thirty days. The warden, Arthur L. Oliver, appealed. The district court thereupon stayed the order of discharge pending disposition of the appeal.
On February 16, 1962, Amiotte was convicted in a California state court of possession of narcotics in violation of California Health and Safety Code, section 11500. The conviction was affirmed. People v. Amiotte, 215 Cal.App.2d 176 , 30 Cal.Rptr. 102 .
In this habeas corpus proceeding Amiotte contended, among other things, that his state conviction was brought about by reason of an unlawful search and seizure. Specifically, Amiotte contended that, applying the test announced in Cipres v. United States, 9 Cir., 343 F.2d 95, 97 , he had not consented to the warrantless search of his motel room by police officers at a time when he was in jail.
On the basis of the evidence received at the habeas corpus hearing, and applying the Ciprés test, the district court found…